Seaton v. Seaton

OPINION

HARBISON, Justice.

In this case appellant assigns as error action of the chancellor in awarding certain suit expenses and supplemental counsel fees to his wife in a divorce action because these items were not prayed for in the pleadings. The case is before us solely on the technical record, there being no affidavits of counsel or other evidentiary materials contained in the record. There is a one-page document, entitled “Bill of Exceptions” signed by counsel for all parties and by the chancellor, affirmatively reciting that there had been no testimony in the cause.

An examination of the…